After a DUI arrest or conviction in California, the ignition interlock device often determines if and how you can drive legally for months or years to come. The DMV makes a series of decisions around that device, from IID-restricted licenses and exemptions to terminations when an installer reports a problem, and each one has its own rules and deadlines. As an ignition interlock device hearing lawyer, Rodney Gould helps drivers statewide make those decisions deliberately and challenge the ones that go wrong.
Rodney Gould has practiced law since 1991, and DMV license defense is a central part of the work at his firm, which represents drivers across California from its office in Sherman Oaks. IID cases reward careful attention to timing, because the choice you make in the first few weeks after an arrest can affect both your APS hearing and the length of the device requirement that follows a conviction.
The IID Decisions Where Representation Matters
Most drivers think of the ignition interlock as a single requirement. In practice, it touches several separate DMV decisions, and they're handled by different parts of the department on different timelines. The table below maps the decision points we see most often.
| Decision point | Who decides | Timing | What's at stake |
|---|---|---|---|
| Admin per se (APS) hearing on the suspension | A DMV Driver Safety hearing officer | Request within 10 days of receiving the notice for a hearing before the suspension takes effect | A set-aside, a modified action, or a sustained suspension |
| IID-restricted license during an APS suspension | The DMV, on your application | Available once the suspension takes effect, if you meet the conditions | The ability to drive for the rest of the suspension, plus credit toward a later IID term |
| Exemption from the IID requirement | The DMV's Mandatory Actions Unit | Within 30 days of the suspension or revocation notice (no-vehicle and medical requests) | Serving the full suspension without a device instead of driving with one |
| Termination of an IID restriction | The DMV, after an installer's report | Immediate once the DMV receives the report | Loss of the restricted license and reinstatement of the suspension |
| Driving an employer's vehicle for work | Your employer, with proof of notice carried while driving | Ongoing while the restriction is in place | Keeping a job that requires driving a company vehicle |
Each of these decisions interacts with the others. An exemption, for example, means you serve the full suspension, while a restricted license keeps you driving but commits you to the device's service schedule and costs.
Weighing an APS Hearing Against an IID-Restricted License
Shortly after a DUI arrest, most drivers face two questions at once: should they fight the APS suspension, and should they install a device to keep driving? The answers depend on the strength of the DMV's evidence, how much you need to drive, and any prior DUI-related actions on your record.
What the IID-Restricted License Offers
Under Vehicle Code section 13353.6, a first-time APS driver who was 21 or older and whose suspension is based on a chemical test result can apply for an IID-restricted license once the suspension takes effect. The conditions include enrolling in a DUI program, installing a certified device, and filing proof of financial responsibility, along with the required fees. Time spent with a functioning device installed during the APS suspension counts toward any mandatory IID term that follows a conviction from the same arrest.
Why the APS Hearing Still Deserves a Close Look
A successful administrative per se (APS) DUI hearing can set the suspension aside entirely, which is a better outcome than driving with a device. The request must be made within 10 days of receiving the notice if you want the hearing held before the suspension takes effect under Vehicle Code section 13558, and the request itself does not stop the suspension. We review the officer's paperwork and test records with you early so the decision about a device is based on how strong the DMV's case really is.
Repeat Offenses and Refusal Cases
Drivers with a qualifying prior within 10 years face a one-year APS suspension, and Vehicle Code section 13353.75 provides a similar IID-restricted option for many of them. Suspensions for refusing a chemical test fall under a different statute, Vehicle Code section 13353, and neither restricted-license option applies during a refusal suspension. That difference raises the stakes of a DUI chemical test refusal DMV hearing, because winning it may be the only way to keep driving during the suspension period.
IID Terms After a DUI Conviction
If a DUI case ends in a conviction, the device requirement shifts from an option to a mandate in most cases. The terms for convictions under Vehicle Code section 23152 without injury are set by Vehicle Code section 23575.3(h), with "prior" meaning a separate conviction for DUI or alcohol-related reckless driving (a "wet reckless") within 10 years:
- First offense: the court may order an IID for up to 6 months
- One prior: 12 months
- Two priors: 24 months
- Three or more priors: 36 months
Convictions involving injury under Vehicle Code section 23153 carry longer terms, starting at 12 months with no priors. For drivers with one prior, the 12-month device term is only part of the picture, since the DMV license consequences of a second DUI offense also include a two-year suspension under Vehicle Code section 13352. The court gives notice of the requirement, and the DMV places the restriction on your license once it receives the abstract of conviction, so errors in either record can affect the start date and length of your term.
Our Recent Client Results
Past results do not guarantee or predict a similar outcome in any future case. Every DMV matter depends on its own facts and circumstances.
Exemptions From the IID Requirement
Some drivers can't use an interlock device or have no vehicle to install one in. The DMV's IID exemption process recognizes three situations:
- No vehicle: you don't own a vehicle, don't have access to one at your residence, and no longer have access to the vehicle involved in the arrest
- Out-of-state residence: you live outside California, have completed a California DUI program, and haven't finished your IID restriction period
- Medical: you have a medical condition that prevents you from breathing with enough strength to operate the device
Requests for the no-vehicle and medical exemptions go to the DMV within 30 days of the suspension or revocation notice, using the DMV's designated forms and supporting documents. An exemption isn't a shortcut, since the DMV requires exempt drivers to serve the full suspension or revocation and complete the DUI program. It makes sense for some drivers and is a costly mistake for others, which is why we review the tradeoff before anything is filed.
The employer-vehicle rule in Vehicle Code section 23576 works differently. It allows a restricted driver to operate an employer-owned vehicle for work without a device once the employer has been notified, but it doesn't apply to a vehicle owned by a business you own or control.
When the DMV Terminates an IID Restriction
A restricted license is only as secure as the installer's records. Under Vehicle Code section 23575.3(f), the device must be serviced at least every 60 days, and the installer must notify the DMV when the records show any of the following:
- Removal of the device, or an attempt to remove it
- An attempt to bypass or tamper with the device
- Three or more failures to comply with maintenance or calibration requirements
When the DMV receives that notice, section 13353.6(c) and related statutes direct it to end the restriction and reinstate the suspension right away. Because these terminations are written as mandatory, formal hearing rights are limited under Vehicle Code section 14101, and the fastest path back usually runs through the records themselves. When a client's restriction has been terminated, the Law Office of Rodney Gould works through these steps:
- Get the full picture. We obtain the DMV notice and the installer's service and event records to see exactly what was reported.
- Identify the cause. Device malfunctions, scheduling problems, service center errors, and data mix-ups can all look like noncompliance on paper.
- Restore compliance. We help you coordinate with the installer to correct the record and get a new verification of installation to the DMV so driving privileges can be restored.
- Challenge a record error. If the DMV acted on inaccurate information, Rodney Gould asks the DMV to correct its action, including under Vehicle Code section 13551(b) when the grounds never existed, or evaluates court review, which generally must be filed within 90 days of notice under Vehicle Code section 14401.
Acting quickly matters here, because every day without a valid restriction is a day you can't drive legally, and time out of compliance doesn't count toward your required IID term.
Records That Speed Up an IID Review
IID problems are usually solved on paper, so the quality of the records you bring shapes how fast the firm can act. Before or shortly after your first call, try to collect:
- Every DMV notice you've received, with the dates they arrived
- The court's sentencing paperwork or minute order showing any IID term
- The installer's paperwork, including the verification of installation and service receipts
- Your insurer's SR-22 filing confirmation
- Your employer's contact information, if your job requires driving a company vehicle
With those documents in hand, we can often identify in the first conversation if your issue calls for a hearing request, an exemption filing, a records correction, or a plan to get through the restriction period with as little disruption as possible.
What Clients Say About Rodney Gould
Rodney and his team are excellent! They walk you through the entire process step by step, and answer all your questions in terms that the average person can and will understand. The best part about my experience is that they're gay friendly. Check them out for yourself.
~ M. C.
Rodney and his firm have provided legal services for our family for years. He's provided estate planning, preparing and executing our will and family trust as well as consulting on real estate transactions and most recently settling a contract dispute. We highly recommend his services. You can completely trust Rodney's...
~ K. and B. C.
Rodney Gould has represented many friends of mine, and all of us value his insight, efficiency, moral judgement, compassion and, of course, his legal knowledge. He has just handled a trust which named me Executor and he guided me through the process.
~ I. D.
An absolutely fabulous experience working with Rodney Gould! His professionalism and timely advice were very much appreciated. Both my adult daughter and I needed to create/update our wills and other health care documents. Rodney worked closely with our financial advisor and made the entire process very streamlined. Rodney is a...
~ A. L.
I lost my partner after 43 years together, and we were friendly with Rodney and his partner for years... but it was only after Bill's death did I REALLY NEED RODNEY... not only for a good friend, but needed him to advise me in all sorts of ways... to take...
~ G. B.
Frequently Asked Questions
How Much Does an Ignition Interlock Device Cost in California, and Can I Pay Less?
California Vehicle Code section 23575.3(k) requires IID manufacturers to offer reduced fees based on income relative to the federal poverty level. Drivers at or below 100 percent of the poverty level pay 10 percent of the cost, and the share rises in tiers to 25, 50, and 90 percent, with drivers above 400 percent paying the full cost; CalFresh recipients pay 50 percent. Any charges caused by the driver's own noncompliance are not reduced.
Is an Ignition Interlock Device Required for a First DUI in California?
Not always. For a first DUI conviction without injury, the California court may order an IID for up to six months, and otherwise the driver generally chooses among license options, including an IID-restricted license for six months, a 12-month restricted license limited to work and DUI program travel, or serving the suspension. A first DUI involving injury carries a mandatory 12-month IID term.
Do I Need SR-22 Insurance for an IID-Restricted License in California?
Yes, for drivers who were 21 or older at the time of the offense. Proof of financial responsibility, usually filed as an SR-22 certificate by your insurer, is one of the conditions for an IID-restricted license in California. Since January 1, 2025, California's minimum liability limits under Vehicle Code section 16430 are $30,000 per person and $60,000 per accident for bodily injury and $15,000 for property damage.
Which Companies Can Install an Ignition Interlock Device in California?
Only devices and manufacturers certified by the California DMV can be used to satisfy an IID requirement. The DMV publishes a current list of certified ignition interlock devices, and a verification of installation must reach the DMV once the device is in place.
Is California's Ignition Interlock Program Ending?
No. California's statewide IID program, created by SB 1046 in 2016 and originally set to expire at the start of 2026, was extended by AB 366 in 2025. According to the DMV's IID program page, the program now runs through December 31, 2032.
Make Your Ignition Interlock Decisions With the Full Picture
Choosing between an APS hearing, an IID-restricted license, and an exemption can shape your driving privilege for years, and several of those choices can't be undone once a deadline passes. Rodney Gould reviews your notice, your record, and the installer's reports so each decision rests on the actual evidence and how much you need to drive. Every DMV case depends on its own facts, and no attorney can promise a particular result.
The office is open Monday through Friday from 8:00 AM to 6:00 PM. Call the Law Office of Rodney Gould at (818) 740-3763 or use the online form before you install a device, file an exemption, or let a hearing deadline pass, so the choice you make is one you won't have to undo.